Cherukuri Mallaiah vs The State Of Telangana,
2025 Latest Caselaw 4791 Tel

Telangana High Court

Cherukuri Mallaiah vs The State Of Telangana, on 11 April, 2025

Author: T. Vinod Kumar

Bench: T. Vinod Kumar

           THE HON'BLE SRI JUSTICE T. VINOD KUMAR

                   Writ Petition No.10911 of 2025

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus to declare

the action of the 2nd respondent in not releasing Motor Cycle TVS XL

100 BSIV bearing Registration No.TS 23 7859, seized in connection

with COR No.41 of 2025 on the file of Prohibition and Excise Police

Station, Yellareddypet, in spite of readiness of the petitioner to furnish

the third party surety, as illegal, arbitrary and unconstitutional.

2. Heard counsel for the petitioner, learned Government Pleader

for Excise appearing for respondent Nos.1 and 2 and with their

consent, the Writ Petition is taken up for hearing and disposal at the

stage of admission.

3. Petitioner contends that he is the owner of the vehicle, and the

said vehicle was seized by the respondents-authorities as being

involved in illegal transportation of ID, whereupon the respondents

have registered a case in COR No.41 of 2025 on the file of Prohibition

and Excise Police Station, Yellareddypet; and that the petitioner is

willing to furnish a third party security to the extent of the value of the

vehicle and in spite of the readiness expressed by him, the 2nd

respondent is not releasing the said vehicle and the said action of the

respondents-authorities in seizing the vehicle and keeping it in open

space, resulting in damage to the said vehicle, is contrary to the

judgment of the Hon'ble Supreme Court in Sunderbhai Am balal Desai

V/ s. State of Gujarat 1 .

4. Learned Government Pleader for Excise appearing on behalf of

respondent Nos.1 and 2, on the other hand, submits that in terms of

the provisions of Section 46 of the Telangana Excise Act, 1968 (for

short, 'the Act'), the petitioner can approach the Deputy Commissioner

and make an application seeking release of the vehicle, which would be

considered by the said authority.

5. Learned Government Pleader has also brought to the notice of

this Court a similar order passed in W.P.No.14663 of 2020, dated

03.09.2020, wherein this Court directed the petitioner therein to

approach the 2nd respondent, i.e. the Deputy Commissioner, by making

an application and on such application being made, directed the said

authority to consider the said application within a time frame.

6. Since in the present case the petitioner is similarly situated and

for the reasons alike as were stated in the order dated 03.09.2020

passed in W.P.No.14663 of 2020, the petitioner is directed to approach

(2002) 10 SCC 283

the concerned authority by making an application under Section 46 of

the Act seeking release of two wheeler vehicle bearing registration

No.TS 23 7859, seized in connection with COR No.41 of 2025 on the

file of Prohibition and Excise Police Station, Yellareddypet, and on such

application being filed seeking release of the subject vehicle, the said

authority shall consider and dispose of the same in accordance with

law, as expeditiously as possible, preferably within a period of two

weeks from the date of receipt of the application.

7. Subject to the above, the Writ Petition is disposed of.

8. Miscellaneous petitions, if any, pending in this writ petition shall

stand closed. No order as to costs.

___________________ T. VINOD KUMAR, J Date:11.04.2025

GJ

THE HON'BLE SRI JUSTICE T. VINOD KUMAR

Writ Petition No.10911 of 2025

11.04.2025

GJ